Kettle potato chips falsely advertised as air-fried, class action claims

Kettle potato chips class action lawsuit overview: 

• Who: Syed Hussain filed a class action lawsuit against Campbell Soup Co. 
• Why: Hussain claims Campell falsely advertises that its Kettle potato chips are air-fried. 
• Where: The class action lawsuit was filed in California federal court. 

A new class action lawsuit claims Campbell Soup Co. falsely advertises that its Kettle potato chips are air-fried. 

Plaintiff Syed Hussain’s class action lawsuit claims Kettle potato chips are actually cooked in a vat of oil, meaning the packaging deceives consumers who expected air-fried potato chips. 

“Plaintiff, like many other consumers, interprets the ‘Air Fried’ representation to mean that the Product is cooked by means of an air fryer which cooks food using a fan to rapidly circulate convection currents,” the class action states. 

Hussain wants to represent a nationwide class of consumers who purchased any Kettle-brand potato chips from on or about Feb. 15, 2023, to the date of class certification. 

Class action: Kettle potato chips misrepresented as healthier than other commercial potato chips

Hussain claims Campbell, by representing the chips as air-fried, is making an effort to promote the sale of the chips by suggesting they avoid the “unhealthy effects of using the oil frying cooking method traditionally used to cook commercial potato chips.” 

“The ‘Air Fried’ representation on the Product label is false and misleading in that the Product is cooked by means of an oil fryer, a method typically used to cook traditional potato chips,” the class action says. 

Hussain alleges Campbell is in violation of California’s False Advertising Law, Unfair Competition Law and Consumers Legal Remedies Act. 

The plaintiff demands a jury trial and requests declaratory and injunctive relief and an award of compensatory and punitive damages for himself and all class members. 

In a past case involving potato chips, a consumer filed a class action lawsuit against Frito-Lay in April 2020 over claims its Ruffles Cheddar & Sour Cream chips were artificially flavored, despite not containing legally required labeling on the front of the packaging. 

Have you purchased Kettle-brand potato chips? Let us know in the comments.

The plaintiff is represented by James Pazos of Pazos Law Firm and Craig R. Smith of Smith Law Firm. 

The Kettle potato chips class action lawsuit is Hussain v. Campbell Soup Co., Case No. 3:24-cv-01776, in the U.S. District Court for the Northern District of California.

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